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Home My WebLink AboutC-2266MEMORANDUM OF UNDERSTANDING AMONG THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS, COUNTY TRANSPORTATION COMMISSIONS AND MUNICIPAL TRANSIT OPERATORS FOR THE LARGE URBANIZED AREA FORMULA GRANT PROGRAM RECITALS WHEREAS, the Southern California Association of Governments (SCAG) is a joint powers agency formed pursuant to Title 1, Division 7, Chapter 5 of the California Government Code (Section 6500 et seq.) and is the Metropolitan Planning Organization (MPO) recognized under 23 U.S.C. 134 and 49 U.S.C. 5303; WHEREAS, SCAG is responsible for developing Regional Transportation Plans and Regional Transportation Improvement Programs pursuant to 49 U.S.C. 5303 et seq., 23 U.S.C.134 et seq., Cal Gov. Code Section 65080 et seq., Cal. Pub. Util. Code §130300 et seq., and corresponding Federal and State regulations and guidance; WHEREAS, pursuant to 49 U.S.C. §5307(a)(2), SCAG is the designated recipient of Federal Transit Agency (FTA) large urbanized area formula grants (hereinafter referred to as "5307 Program Funds ") for the following large urbanized areas (UZAs) with populations of 200,000 or more, in the SCAG region: Los Angeles -Long Beach -Santa Ana, Riverside -San Bernardino, Indio - Cathedral City -Palm Springs, Lancaster - Palmdale, and Temecula - Murrieta; WHEREAS, the County Transportation Commissions (CTCs) are responsible for developing the short-range Transportation Improvement Program (TIP) in coordination with SCAG and the municipal transit operators, pursuant to Pub. Util. Code Section 130303 et seq., and to submit their TIPS to SCAG for recommended inclusion in the Regional Transportation Improvement Program (RTIP); WHEREAS, applicants for 5307 Program Funds include the following transit operators in the region: Orange County Transportation Authority (OCTA), Los Angeles County Metropolitan Transportation Authority (Metro), Omnitrans, Antelope Valley Transit, City of Arcadia, City of Claremont, City of Commerce, City of Culver City, Long Beach Public Transportation Corporation, City of La Mirada, City of Los Angeles Department of Transportation, City of Santa Monica, City of Santa Clarita, Foothill Transit, Gardena Municipal Bus Lines, City of Montebello, City of Norwalk, City of Torrance, Redondo Beach Wave, Riverside Transit Agency, SunLine Transit Agency, City of Corona, and City of Riverside, and the Southern California Regional Rail Authority (hereinafter referred to as "Applicants "); WHEREAS, OCTA, Metro, San Bernardino Associated Governments (SANBAG), and Riverside County Transportation Commission (RCTC), shall be responsible for allocating 5307 Program Funds, including identifying and programming projects in their short-range TIPS submitted to SCAG and recommended for inclusion in the RTIP, to meet the federal transit enhancement requirements for large UZAs in their respective Page 1 of 33 PC Docs # 128394 FA 0 planning boundaries, and in accordance with the transportation improvement programming process and applicable Federal and State regulations and guidance; and WHEREAS, SCAG intends to enter into this Memorandum of Understanding ( "Agreement ") with each Applicant, SANBAG, and RCTC, in order to clarify the roles and responsibilities of all parties with regard to implementation of the 5307 Program. NOW, THEREFORE IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS PROVIDED FOR HEREIN, SCAG, APPLICANTS, SANBAG, AND RCTC HEREBY AGREE AS FOLLOWS: Section 1 1.1 Roles and Responsibilities of the County Transportation Commissions. OCTA, Metro, SANBAG, and RCTC, shall be responsible for allocating 5307 Program Funds which includes identifying and programming projects in their short-range TIPs and any updates submitted to SCAG and recommended for inclusion in the RTIP, to meet the federal transit enhancement requirements of 49 U.S.C. §5307(d)(1)(K), for large UZAs in their respective planning boundaries, and in accordance with the transportation improvement programming process under 49 U.S.C. §53030),23 U.S.C. §1340), Cal. Gov. Code §65082, Cal. Pub. Util. Code §130300 et seq., and applicable Federal and State regulations and guidance. Additionally, upon annual approval by each CTC of transit enhancement projects, each CTC shall submit to SCAG a list of such projects. By signing this Agreement, OCTA, Metro, SANBAG and RCTC each certify that it shall comply with 49 U.S.C. §5307(d)(1)(K), to the same extent as required by SCAG as the designated recipient of 5307 Program Funds, for large UZAs in their respective planning boundaries, and shall submit to SCAG any documentation requested by SCAG to assure the validity of such certification. 1.2 Role of SCAG. SCAG is responsible for development and approval of the RTIP. SCAG will prepare an MPO concurrence letter for approval of the 5307 Program grant for each Applicant, which shall be submitted to FTA during the application process, contingent upon the Applicant signing this Agreement, and further contingent upon SCAG's determination that the Applicant has included the required transit enhancement projects in its TIP submittals to SCAG in compliance with 49 U.S.C. §5307(d)(1)(K). 1.3 Annual Certifications and Assurances Regarding the 5307 Program. By signing this Agreement, each Applicant certifies that it shall comply with the applicable Annual Certifications and Assurances for the FTA 5307 Program (published annually in the Federal Register), and agrees to forward to SCAG a signed copy of its Certifications and Assurances form each year prior to the time the Applicant receives its first FTA section 5307 grant award for the year. Page 2 of 33 PC Docs # 128394 9 0 1.4 Documentation. Each Applicant shall submit to SCAG any documentation reasonably requested by SCAG to assure the validity of all above certifications and assurances made by the Applicant. 1.5 Annual Transit Enhancement Reports. Each Applicant shall submit to SCAG an annual report, including an electronic version of the September 30th quarterly progress report filed with the FTA that contains the projects funded with 5307 Transit Enhancement funds as required under 49 U.S.C. §5307(d)(1)(K)( "Annual Report"). a. The Annual Report shall contain the following information, and any additional information as may be required by SCAG or FTA: 1) Name of grantee(s) expending the enhancement funds; 2) UZA name and number for which the TE funds are being reported; and 3) A listing of the FTA grant number(s) being reported, with their respective project budget line item (ALI Codes), project category, approved FTA amount, and description of the TE- funded projects. b. By October 30th of each year, the Annual Reports shall be submitted to the attention of Rosemary Ayala (or other person identified by SCAG), SCAG Lead Regional Planner. SCAG shall promptly notify all parties in the event of a change in the person identified in this paragraph as the recipient of the Annual Reports. Upon receipt of the Annual Reports from each Applicant, SCAG shall submit such reports to FTA. Section 2 General Provisions 2.1 Term of Agreement: This Agreement shall be effective as to each party on the date such party executes this Agreement, and continues in full force unless terminated in accordance with Section 2.7. 2.2 Drafting: This Agreement has been prepared by all parties and has been reviewed and endorsed by each. 2.3 Amendments: This Agreement may be amended only by the execution by all parties of a written amendment. 2.4 Jurisdiction and Venue: This Agreement shall be deemed an Agreement under the laws of the State of California and for all purposes shall be interpreted in accordance with such laws. All parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that the venue of any action brought hereunder shall be in Los Angeles County, California. Page 3 of 33 PC Docs # 128394 0 0 2.5 Non - assignment. No party may assign this Agreement, or any part thereof, without the written consent of each party to this Agreement. 2.6 Indemnity. Each respective Applicant, RCTC and SANBAG agree to indemnify, defend and hold harmless SCAG and its respective officers, agents and employees from and against any and all claims, demands, costs, or liability arising from or connected with intentional or negligent acts, errors or omissions, or any violations of law (including non - compliance with Certifications and Assurances contained herein) attributable only to performance of the responsibilities as set forth in this MOU by the indemnifying party (Indemnitor) or its officers, agents, employees, contractors and subcontractors under this MOU, except to the extent caused by the negligence or willful misconduct of SCAG. 2.7 Withdrawal and Termination. a. Any party may withdraw from this Agreement upon thirty (30) days written notice to each party, providing that the notice of withdrawal sets forth the effective date of withdrawal and the reason for withdrawal. Additionally, the notice of withdrawal shall provide that the parties during the period prior to the effective date of withdrawal meet to try to resolve any dispute, if applicable. In the event that the withdrawal is for cause, the withdrawal shall not be effective if the party cures the default in its performance within the thirty day period. b. SCAG shall notify FTA of the withdrawal from this Agreement of any Applicant, and shall not be obligated to administer 5307 Program Funds for any Applicant which is not a party to this Agreement. SCAG may terminate this Agreement at any time upon thirty (30) days written notice to each party, providing that the notice of termination sets forth the effective date of termination. 2.8 Notice. Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested, to the names and addresses attached as "Exhibit A." 2.9 Counterparts. This Agreement may be executed in counterparts, each of which shall be an original, but all of which shall constitute one instrument. Page 4 of 33 PC Docs # 128394 0 0 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the dates set forth below. The Southern California Association of Governments By: • - --; ark Pisano Executive Director Date: prove as For . Date: 12 41 3 bCo K n Tachiki of Counsel Page 5 of 33 PC Docs # 128394 9 Arcadia Transit William R.-Kelly City Manager Approved as to Form: Page 11 of 33 PC Docs # 128394 0 Date: 2 A/%o' Date: l Z 3 0 .] Exhibit A Mr. Mark Pisano Executive Director Southern California Association of Governments 818 West 7th Street, 12th Floor Los Angeles, CA 90017 -3435 Mr. Tony Grasso Executive Director San Bernardino Association of Governments 1170 W. 3rd Street, 2nd Floor San Bernardino, CA 92410 -1715 Mr. Durand Rall General Manager Omnitrans 1700 W. 5th Street San Bernardino, CA 92411 Arthur T. Leahy Chief Executive Director Orange County Transportation Authority 550 South Main St. P.O. Box 14184 Orange, CA 92863 -1584 Mr. Roger Snoble Chief Executive Officer Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012 -2952 Mr. Randy Floyd Executive Director Antelope Valley Transit Authority 1031 W Avenue L -12 Lancaster, CA 93534 Page 32 of 33 PC Docs # 128394 E Ms. Martha Eros Transportation Services Officer Arcadia Transit PO Box 60021 Arcadia, CA 91066 Ms. Terisa Price Transit Manager Redondo Beach Wave 415 Diamond St. Redondo Beach, CA 90277 Ms. Anna Sanchez Administrative Aide Claremont Dial -A -Ride 1616 Monte Vista Avenue Claremont, CA 91711 Mr. Dan Gomez Director of Transportation Commerce Bus Lines 2535 Commerce Way Commerce, CA 90040 Mr. Art Ida Transportation Manager Culver City Bus 4343 Duquesne Ave. Culver City, CA 90232 Mr. David Reyno Director of Government Relations Foothill Transit 100 N. Barranca Ave, Suite 100 West Covina, CA 91791 Mr. Joseph Loh Administration Manager Gardena Municipal Bus Lines 15350 S. Van Ness Ave. Gardena, CA 90249 Ms. Judith G. Quinonez Mr. Dennis Kobata Transportation Manager Sr. Administrative Analyst La Mirada Transit Torrance Transit 13700 La Mirada BI. 20500 Madrona Ave. La Mirada, CA 90638 Torrance, CA 90503 Ms. Corinne Ralph Assistant director LADOT 221 N. Figueroa St., Ste. 400 Los Angeles, CA 90012 Ms. Dana Lee Government Relations Long Beach Transit PO Box 731 Long Beach, CA 90801 Ms. Laura Cornejo Manager of Strategic Planning & Intergovermental Relations Montebello Bus Lines 400 S. Taylor Ave. Montebello, CA 90640 Mr. Jaime Becerra Transportation Administration Coordinator Norwalk Transit Systems 12650 E. Imperial Hwy. Norwalk, CA 90650 Ms Susam Lipman Transit Coordinator Santa Clarita Transit 28250 Constellation Rd Santa Clarita, CA 91355 Mr. David Feinberg Deputy Director of Transit Services Santa Monica's Big Blue Bus 16607 th Street Santa Monica, CA 90401 Page 33 of 33 PC Docs # 128394 Mr. Eric Haley Executive Director Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92502 -2208 Mr. Larry Rubio General Manager Riverside Transit Agency 1825 Third Street P. O. Box 59968 Riverside. CA 92517 -1968 Mr. C. Mikel Oglesby General Manager SunLine Transit Agency 32 -505 Harry Oliver Trail Thousand Palms, CA 92276 Ms. Beth Groves City Manager City of Corona P. O. Box 940 Corona, Ca 92878 -0940 Mr. Brad Hudson City Manager City of Riverside 3900 Main Street Riverside, CA 92522 -0111 David R. Solow Chief Executive Officer Southern California Regional Rail Authority 700 South Flower Street, Suite 2600, Los Angeles, CA 90017